First Regular Session
Sixty-second General Assembly
LLS NO. 99-0235.01 Jerry Barry HOUSE BILL 99-1025
STATE OF COLORADO
BY REPRESENTATIVE Veiga
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
101 CONCERNING IDENTIFICATION OF DRIVERS WHO MAY NOT BE QUALIFIED TO
102 DRIVE.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Identifies reports filed by peace officers, licensed medical
professionals, or a driver's immediate family as documentation on which
the division of motor vehicles within the department of revenue may rely
for evidence that a driver is incompetent or otherwise not qualified to
drive.
Creates requirements for the report, and grants civil immunity to
a person who files a report in good faith. Makes the report confidential,
and specifies that a violation of the confidentiality of the report, other
unauthorized use of a report, or intentional filing of a false report is a
class 1 misdemeanor.
Authorizes the division of motor vehicles to condition the retention
of a license on additional periodic examinations of the driver.
Makes a conforming amendment.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 42-2-111 (3) (a) and (3) (c), Colorado Revised
3 Statutes, are amended to read:
4 42-2-111. Examination of applicants and drivers - when
5 required - report on qualifications - immunity - penalty. (3) (a) (I) If
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 the department has evidence that indicates that a licensed driver, minor
2 driver, or provisional driver is incompetent or otherwise not qualified to
3 be licensed, it may, upon written notice of at least ten days to the licensee,
4 require such driver to submit to an examination.
5 (II) THE DEPARTMENT MAY RELY UPON A REPORT FILED BY THE
6 FOLLOWING PERSONS AS EVIDENCE THAT A LICENSED DRIVER, MINOR
7 DRIVER, OR PROVISIONAL DRIVER IS INCOMPETENT OR OTHERWISE NOT
8 QUALIFIED TO BE LICENSED:
9 (A) A PEACE OFFICER, AS DEFINED IN SECTION 18-1-901 (3) (l)
10 C.R.S.;
11 (B) A PHYSICIAN, CHIROPRACTOR, NURSE, PHYSICAL THERAPIST,
12 PSYCHOLOGIST, OR SOCIAL WORKER LICENSED UNDER TITLE 12, C.R.S.; OR
13 (C) A MEMBER OF THE IMMEDIATE FAMILY OF THE LICENSED
14 DRIVER, MINOR DRIVER, OR PROVISIONAL DRIVER.
15 (III) THE REPORT REFERRED TO IN SUBPARAGRAPH (II) OF THIS
16 PARAGRAPH (a) MUST:
17 (A) BE IN WRITTEN FORM AS PRESCRIBED BY THE DEPARTMENT;
18 (B) CONTAIN THE NAME, ADDRESS, TELEPHONE NUMBER, AND
19 SIGNATURE OF THE PERSON FILING THE REPORT;
20 (C) STATE THAT THE PERSON REASONABLY AND IN GOOD FAITH
21 BELIEVES THAT THE DRIVER CANNOT SAFELY OPERATE A MOTOR VEHICLE;
22 AND
23 (D) BE BASED UPON PERSONAL OBSERVATION OR PHYSICAL
24 EVIDENCE THAT SHALL BE DESCRIBED IN THE REPORT, OR, IF FILED BY A
25 PEACE OFFICER, THE REPORT SHALL BE BASED UPON AN INVESTIGATION BY
26 THE FILING PEACE OFFICER.
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1 (IV) ANY PHYSICIAN, CHIROPRACTOR, NURSE, PHYSICAL
2 THERAPIST, PSYCHOLOGIST, OR SOCIAL WORKER LICENSED UNDER TITLE 12,
3 C.R.S., MAY FILE A REPORT PURSUANT TO SUBPARAGRAPH (II) OF THIS
4 PARAGRAPH (a) ON ANY PATIENT DIAGNOSED OR ASSESSED AS HAVING A
5 DISORDER OR CONDITION THAT MAY PREVENT SUCH PERSON FROM SAFELY
6 OPERATING A MOTOR VEHICLE. SUCH A REPORT SHALL STATE THE
7 DIAGNOSIS OR ASSESSMENT AND WHETHER THE CONDITION IS PERMANENT
8 OR TEMPORARY. THE EXISTENCE OF A PATIENT-PHYSICIAN RELATIONSHIP
9 SHALL NOT PREVENT THE MAKING OF A REPORT BY A LICENSED MEDICAL
10 PROFESSIONAL.
11 (V) ANY PERSON WHO FILES A REPORT PURSUANT TO
12 SUBPARAGRAPH (II) OF THIS PARAGRAPH (a) IN GOOD FAITH IS IMMUNE
13 FROM CIVIL LIABILITY THAT MIGHT RESULT FROM FILING THE REPORT.
14 NOTWITHSTANDING THE PROVISIONS OF SECTION 24-72-203 (1) (a), C.R.S.,
15 ALL REPORTS FILED AND ALL MEDICAL RECORDS REVIEWED AND
16 MAINTAINED BY THE DEPARTMENT UNDER THIS PARAGRAPH (a) ARE
17 CONFIDENTIAL; EXCEPT THAT THEY MAY BE RELEASED UPON ORDER OF A
18 COURT OF COMPETENT JURISDICTION OR IN A REVIEW OF THE
19 DEPARTMENT'S ACTION PURSUANT TO PARAGRAPH (c) OF THIS SUBSECTION
20 (3).
21 (VI) ANY PERSON WHO KNOWINGLY VIOLATES OR KNOWINGLY
22 PERMITS OR ENCOURAGES THE VIOLATION OF THE CONFIDENTIALITY
23 PROVISION OF SUBPARAGRAPH (V) OF THIS PARAGRAPH (a) SHALL BE
24 GUILTY OF A CLASS 1 MISDEMEANOR AND SHALL BE CIVILLY LIABLE FOR
25 DAMAGES THAT PROXIMATELY RESULT.
26 (VII) ANY PERSON WHO KNOWINGLY FILES OR KNOWINGLY
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1 PERMITS OR ENCOURAGES ANOTHER TO FILE A FALSE REPORT UNDER THIS
2 PARAGRAPH (a) SHALL BE GUILTY OF A CLASS 1 MISDEMEANOR AND SHALL
3 BE CIVILLY LIABLE FOR DAMAGES THAT PROXIMATELY RESULT.
4 (c) Upon the conclusion of an examination required under this
5 subsection (3), the department shall take such action as it deems
6 appropriate and may deny, cancel, suspend, or revoke the license of such
7 person or permit that person to retain such license subject to the
8 restrictions under section 42-2-116 OR SUBJECT TO FURTHER PERIODIC
9 EXAMINATIONS. Refusal or failure of the licensee to submit to such THE
10 INITIAL examination OR SUBSEQUENT EXAMINATIONS shall be grounds for
11 suspension or revocation of such person's license. Such decision of the
12 department shall be reviewed by a court of record upon appeal to that
13 court by the party aggrieved.
14 SECTION 2. 24-72-204 (3) (a), Colorado Revised Statutes, is
15 amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
16 24-72-204. Allowance or denial of inspection - grounds -
17 procedure - appeal. (3) (a) The custodian shall deny the right of
18 inspection of the following records, unless otherwise provided by law;
19 except that any of the following records, other than letters of reference
20 concerning employment, licensing, or issuance of permits, shall be
21 available to the person in interest under this subsection (3):
22 (XIII) ANY RECORD FILED WITH THE DEPARTMENT OF REVENUE
23 PURSUANT TO SECTION 42-2-111 (3) (a), C.R.S., CONCERNING THE
24 QUALIFICATIONS OF ANY PERSON TO BE A LICENSED DRIVER, MINOR
25 DRIVER, OR PROVISIONAL DRIVER.
26 SECTION 3. Effective date - applicability. This act shall take
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1 effect July 1, 1999, and shall apply to offenses committed and reports
2 filed on or after said date.
3 SECTION 4. Safety clause. The general assembly hereby finds,
4 determines, and declares that this act is necessary for the immediate
5 preservation of the public peace, health, and safety.